[Federal Register Volume 69, Number 110 (Tuesday, June 8, 2004)]
[Rules and Regulations]
[Pages 31880-31882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12761]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926


Mechanical Power--Transmission Apparatus; Mechanical Power 
Presses; Telecommunications; Hydrogen

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Final rule; technical amendments.

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SUMMARY: This final rule corrects errors in four OSHA standards. The 
first correction deletes two references to a nonexisting table in the 
Mechanical Power-Transmission Apparatus Standard. The second is a 
correction of typographical errors in the Mechanical Power Presses 
Standard. The third correction is to a cross-reference in the 
Telecommunications Standard. The fourth correction is to a reference to 
a table contained in the Hazardous Materials Standard for Hydrogen.

DATES: This final rule becomes effective on June 8, 2004.

FOR FURTHER INFORMATION CONTACT: For general information and press 
inquiries, contact George Shaw, Acting Director, Office of 
Communications, Room N3637, OSHA, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999 or fax: (202) 693-1635. For technical information, contact Kenneth 
Stevanus, Office of Engineering Safety, Room N3609, OSHA, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone: (202) 693-2260.

SUPPLEMENTARY INFORMATION:

I. Mechanical Power-Transmission Apparatus

    OSHA standards 29 CFR 1910.219 and 29 CFR 1926.307 contain 
requirements for the construction of guards for all types of mechanical 
power-transmission apparatus. On November 24, 1978, OSHA revoked 
certain safety and health standards, including Tables O-12 and O-13 in 
29 CFR 1910.219 (43 FR 49726, 49741). These tables contained 
specifications for materials used in guarding mechanical power-
transmission apparatus. They were revoked because they were considered 
overly detailed and too restrictive of the kinds of materials used for 
guards (43 FR 49740). Further, all references to these two tables were 
also to be removed. However, OSHA neglected to remove two references to 
Table O-12.
    The first reference to Table O-12 that still appears is found in 
paragraph (e)(1)(i) of 29 CFR 1910.219 and paragraph (e)(1)(i) of 29 
CFR 1926.307, both of which read as follows:

    Where both runs of horizontal belts are seven (7) feet or less 
from the floor level, the guard shall extend to at least fifteen 
(15) inches above the belt or to a standard height (see Table O-12), 
except that where both runs of a horizontal belt are 42 inches or 
less from the floor, the belt shall be fully enclosed in accordance 
with paragraphs (m) and (o) of this section. [Emphasis added.]

    The second reference to Table O-12 is found in paragraph (o)(5)(ii) 
of 29 CFR 1910.219 and paragraph (o)(5)(ii) of 29 CFR 1926.307, both of 
which read as follows:

    Posts shall be not more than eight (8) feet apart; they are to 
be permanent and substantial, smooth, and free from protruding 
nails, bolts, and splinters. If made of pipe, the post shall be one 
and one-fourth (1\1/4\) inches inside diameter, or larger. If made 
of metal shapes or bars, their section shall be equal in strength to 
that of one and one-half (1\1/2\) by one and one-half (1\1/2\) by 
three-sixteenths (\3/16\) inch angle iron. If made of wood, the 
posts shall be two by four (2 x 4) inches or larger. The upper rail 
shall be two by four (2 x 4) inches, or two one by four (1 x 4) 
strips, one at the top and one at the side of posts. The midrail may 
be one by four (1 x 4) inches or more. Where panels are fitted with 
expanded metal or wire mesh as noted in Table O-12, the middle rails 
may be omitted. Where guard is exposed to contact with moving 
equipment, additional strength may be necessary. [Emphasis added.]

OSHA is removing the text referring to Table O-12 from all four of 
these paragraphs.

II. Mechanical Power Presses

    On December 3, 1974, OSHA published in the Federal Register (39 FR 
41841) a final rule on Mechanical Power Presses based on a petition to 
revoke 29 CFR 1910.217(d)(1) and (d)(2). As part of the final rule, a 
new paragraph (c)(5) was added, reading, in part, as follows:

    Where the operator feeds or removes parts by placing one or both 
hands in the point of operation, and a two hand control, presence 
sensing device of Type B gate or movable barrier (on a part 
revolution clutch) is used for safeguarding:

    The paragraph as printed contains typographical errors that change 
the meaning of the paragraph and imply that a Type-B gate is a 
presence-sensing device. This is not the case. A Type-B gate is 
considered a safety device when used with a failsafe control system and 
a brake monitor.

[[Page 31881]]

    In the preamble to the December 3, 1974, Federal Register (39 FR 
41843), OSHA stated:

    In addition, presence sensing devices or two hand controls may 
be used on part revolution clutch presses. Where either of these 
devices, or a Type B gate, are used [sic], the employer must also 
use a failsafe control system and a brake monitor in order to 
qualify the device as a safety device.

Several paragraphs later, the Agency noted that commenters pointed out 
that:

    [Paragraph] (b)(13) should also apply to the Type B gate or 
movable barrier device, because the effectiveness of this device 
also depends upon the performance of the brake (TR 423).

OSHA agreed with this (39 FR 41843) and stated:

    Therefore, the final standard requires employers to comply with 
paragraph (b)(13) when using a Type B gate or movable barrier 
device, two-hand control, or a presence sensing device.

    In this notice, OSHA is correcting the typographical error in 
1910.217(c)(5) by adding a comma after the word ``device'' and deleting 
the word ``of'' before the word ``Type.'' The introductory text to 
paragraph (c)(5) will then read:

    Where the operator feeds or removes parts by placing one or both 
hands in the point of operation, and a two hand control, presence 
sensing device, Type B gate or movable barrier (on a part revolution 
clutch) is used for safeguarding:

III. Telecommunications

    On June 18, 1998, OSHA published a final rule in the Federal 
Register (63 FR 33450), removing and revising certain standards that 
were out of date, duplicative, unnecessary, or inconsistent. In that 
final rule, the Telecommunications Standard, 29 CFR 1910.268, was 
amended to: ``Revise paragraph (f)(1), remove paragraphs (f)(2) through 
(f)(4) and (f)(7) through (f)(9) and re-designate paragraphs (f)(5) and 
(f)(6) as (f)(2) and (f)(3)'' (63 FR 33467). However, redesignated 
paragraph (f)(3) of 29 CFR 1910.268 (former paragraph (f)(6)) has 
continued to include a cross-reference to former paragraph (f)(5):

    Gloves and blankets shall be marked to indicate compliance with 
the retest schedule, and shall be marked with the date the next test 
is due. Gloves found to be defective in the field or by the tests 
set forth in paragraph (f)(5) of this section shall be destroyed by 
cutting them open from the finger to the gauntlet.

The 1998 notice should have corrected this cross-reference to refer to 
redesignated paragraph (f)(2) instead of (f)(5). OSHA is now correcting 
this cross-reference accordingly.

IV. Hydrogen

    OSHA standard 29 CFR 1910.103 contains requirements for the 
installation of gaseous hydrogen systems on consumer premises where the 
hydrogen supply to the consumer premises originates outside the 
consumer premises and is delivered by mobile equipment. On October 24, 
1978, OSHA revised certain safety and health standards, including Table 
H-2 in 29 CFR 1910.103 (43 FR 49732). This table contained 
specifications for the minimum distances used to determine placement of 
hydrogen systems of indicated capacity located outdoors, in special 
buildings or in special rooms to any specified outdoor exposure. The 
table was amended by removing line 13, ``public sidewalks * * *,'' and 
line 14, ``line of adjoining property * * *,'' because they dealt with 
public safety and property protection and were not within OSHA's 
regulatory jurisdiction (43 FR 49732).
    However, a reference to line 14 in Table H-2 (referenced as 
``Item'' 14) found at 29 CFR 1910.103(b)(2)(ii)(c) was not removed at 
that time. This paragraph still contains a cross-reference to the 
nonexistent Item 14 and states that: ``The distances in Table H-2 Items 
1, 14, and 3 to 10 inclusive do not apply where protective structures 
such as adequate fire walls are located between the system and the 
exposure.''
    OSHA is revising paragraph (c) to read: ``The distances in Table H-
2 Items 1 and 3 to 10 inclusive do not apply where protective 
structures such as adequate fire walls are located between the system 
and the exposure.'' This change will remove the cross-reference to the 
nonexistent item 14, and clarify the requirements contained in this 
paragraph.

V. Exemption From Notice-and-Comment Procedures

    In accordance with the rulemaking provisions of the Administrative 
Procedures Act (5 U.S.C. 553) and 29 CFR 1911.5, OSHA hereby finds good 
cause to publish these amendments without any further delay or public 
procedure. They do not change any existing rights or obligations and no 
stakeholder is likely to object to them. Therefore, the Agency finds 
that public notice-and-comment procedures are unnecessary within the 
meaning of 5 U.S.C. 553(b)(3)(b) and 29 CFR 1911.5.

List of Subjects

29 CFR Part 1910

    Hazardous substances, Hydrogen, and Occupational safety and health.

29 CFR Part 1926

    Construction industry, and Occupational safety and health.

    Authority: This document was prepared under the authority of 
John L. Henshaw, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210.


0
Accordingly, pursuant to section 6 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655), Section 4 of the Administrative 
Procedure Act (5 U.S.C. 553) and Secretary of Labor's Order No. 5-2002 
(67 FR 65008), OSHA is amending 29 CFR parts 1910 and 1926 as set forth 
below.

    Signed at Washington, DC this 28th day of May, 2004.
John L. Henshaw,
Assistant Secretary of Labor.

PART 1910--[AMENDED]

Subpart H--Hazardous Materials--[Amended]

0
1. The authority citation for Subpart H of Part 1910 is revised to read 
as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 
or 5-2002 (67 FR 65008), as applicable; and 29 CFR part 1911.
    Section 1910.119 also issued under section 304, Clean Air Act 
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C. 655 
Note.
    Section 1910.120 also issued under section 126, Superfund 
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655 
Note), and 5 U.S.C. 553.


0
2. In Sec.  1910.103, paragraph (b)(2)(ii)(c) introductory text is 
revised to read as follows:


Sec.  1910.103  Hydrogen.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (c) The distances in Table H-2 Items 1 and 3 to 10 inclusive do not 
apply where protective structures such as adequate fire walls are 
located between the system and the exposure.
* * * * *

Subpart O--Machinery and Machine Guarding--[Amended]

0
3. The authority citation for Subpart O of Part 1910 is revised to read 
as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR

[[Page 31882]]

25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 5-2002 (67 FR 
65008), as applicable; 29 CFR part 1911. Sections 1910.217 and 
1910.219 also issued under 5 U.S.C. 553.


Sec.  1910.217  [Amended]

0
4. In Sec.  1910.217, the introductory text to paragraph (c)(5) is 
amended by adding a comma after the word ``device'' and removing the 
word ``of'' before the word ``type.''


Sec.  1910.219  [Amended]

0
5. Paragraph (e)(1)(i) of Sec.  1910.219 is amended by removing the 
text ``(see Table O-12),'' and paragraph (o)(5)(ii) is amended by 
removing the text ``as noted in Table O-12.''

Subpart R--Special Industries--[Amended]

0
6. The authority citation for Subpart R of Part 1910 is revised to read 
as follows:

    Authority: Sections 4, 6, 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2002 (67 FR 
65008), as applicable; and 29 CFR part 1911. Section 1910.268 also 
issued under 5 U.S.C. 553.


Sec.  1910.268  [Amended]

0
7. Paragraph (f)(3) of Sec.  1910.268 is amended by revising the text 
``paragraph (f)(5)'' to read ``paragraph (f)(2).''

PART 1926--[AMENDED]

Subpart I--Tools-Hand and Power--[Amended]

0
8. The authority citation for Subpart I of Part 1926 is revised to read 
as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), or 5-2002 (67 FR 65008), as applicable; 
and 29 CFR part 1911. Section 1926.307 also issued under 5 U.S.C. 
553.


Sec.  1926.307  [Amended]

0
9. In Sec.  1926.307, paragraph (e)(1)(i) is amended by removing the 
text ``(see Table O-12),'' and paragraph (o)(5)(ii) is amended by 
removing the text ``as noted in Table O-12.''

[FR Doc. 04-12761 Filed 6-7-04; 8:45 am]
BILLING CODE 4510-26-P